Ms.Babita Kumari v. State Of Odisha

Opposite Parties Represented By Adv. – Ms.Babita Kumari Sahoo, AGA -versus- 1) State Of Odisha 2) Md, Odisha Water And Sanitation Mission 3) Engineer-in-chief, Rural Water Supply And Sanitation, Odishawater Resources 4) Regional Provident Fund Commissioner-ii(pd) Epfo CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.02.2025 Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

The present Writ Petition has been filed by the Petitioner with the following prayer: “It is therefore prayed that your Lordships may graciously be pleased to admit the Writ Petition, Rule Nisi calling upon the Opposite Parties to show cause as Page 1 of 3. to why :

3. Letter dated 23.12.2024 under Annexure-1 shall not be treated illegal, arbitrary and same shall not be quashed for violation of Article 14 of the Constitution. The Opposite Party No.3 shall not be restricted from issuing notices to the Petitioner since the matter is subjudice in an appeal vide ATA No.25 of 2024. The Opposite Party shall not direct to pay the entire amount of interest and penalty for the delay in disbursing the payment to the Petitioner. Any other order/orders as may deem fit and proper to this Hon’ble Court.”

Learned counsel for the Petitioner at the outset alleged that the Petitioner being aggrieved by the demand of EPF dues approached the Appellate Authority, Presiding Officer CGIT-cum- Labour Court, Bhubaneswar by filing ATA Case No.32 of 2024. In the said proceeding an interim order was passed on 03.10.2024 and notice was issued to the Respondent. While admitting the appeal vide order dated 03.10.2024, learned Appellate Court directed for a payment of Rs.20,00,000/- of the determined amount of Rs.37,86,227/-, under section 14-B of the Act, and Rs.26,00,705 under section 7-Q of the E.P.F. & M.P. Act. Subject to the aforesaid direction, it was ordered that the operation of the impugned order shall remain stayed. Further, a direction was given to the Respondent therein to not to take any coercive action against the Appellant. He further submitted that despite such interim order dated 03.10.2024, the letter dated 23.12.2024 was issued by the Engineer-in-Chief, Rural Water Supply & Sanitation, Odisha Opposite Party No.3 on 29.12.2024 directing Page 2 of 3. to deposit the EPF dues of outsourcing employees. He further contended that the matter is in violation of the interim order passed by the Appellate Authority under Annexiure-4. Being aggrieved by the conduct of the Opposite Parties, the Petitioner approached this Court by filing the present Writ Petition.

Learned Additional Government Advocate on the other hand objected to the maintainability of the Writ Petition. He further submitted that in the event the interim order dated

03.10.2024 is still in force, the Petitioner should approach the Appellate Authority before approaching this Court by filing an appropriate Application.

Having heard learned counsel for the respective parties, on a careful examination of the documents annexed to the Writ Petition and further keeping in view the limited nature of grievance involved in the present Writ Petition, this Court disposes of the Writ Petition at the stage of admission by granting liberty to the Petitioner to approach the Appellate Authority for implementation of order dated 03.10.2024 passed by the Appellate Authority.

With the aforesaid observation/direction, the Writ Petition is disposed of. Issue urgent certified copy of this order be granted as per Rules. RKS ( A.K. Mohapatra ) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 21-Feb-2025 15:54:54